Jordan v. Ringstaff

In a proceeding to probate an alleged lost will, the burden is on the proponent to establish, to the reasonable satisfaction of the judge or jury trying the facts:(1) The existence of a will — an instrument in writing, signed by the testator or some person in his presence, and by his direction, and attested by at least two witnesses, who must suscribe their names thereto in the presence of the testator. Code 1923, § 10598.(2) The loss or destruction of the instrument — no issue of revocation arising.(3) The contents of the will in substance and effect. Allen v. Scruggs, 190 Ala. 658, 67 So.…